Burke v. Koch

Citations

• 75 Cal. 356
• 17 P. 228
• 1888 Cal. LEXIS 548

Syllabus

<p>Claim and Delivery—Judgment when need not be in Alternative. — In an action of claim and delivery of several articles of personal property, a portion of which has been disposed of by the defendant so that a return of all cannot he had, it is not necessary, in support of a judgment ’for the plaintiff, that the court should find the character or value of the articles which can he returned, or that the judgment should be entered in the alternative. In such a case, a judgment for the value of the entire property is proper.</p> <p>Id. —Fraudulent Conveyance—Reinbursement of Fraudulent Transferee. — In an action by an assignee in insolvency to recover the possession of property fraudulently transferred by his insolvent, the fraudulent transferee is not entitled, either in law or equity, to he reimbursed for any money paid by him to the insolvent as the purchase price of the property.</p> <p>Evidence — Objection to Competency. — An objection to evidence which is relevent to a point in issue, on the ground that it is “ irrelevant and inadmissible,” is not sufficient to raise the question of its competency.</p> <p>Judgment — Excessive Damages.—A judgment for damages in excess of the amount prayed for is erroneous.</p>